Can a litigant demand to 'change' lawyer of opposite party?

I can understand your pain.What you told is a common problem in judiciary.Laws supporting women is merely on paper.In reality,middle or lower middle class women have a hard time getting justice,more so when the opp. party is rich and influential.

I will also advise you to post your query in experts section,in addition to family forum,that is only frequented by lawyers.So that you can choose out of the many options that are given by those lawyers as well as by people in this forum.

Also,I  think you are representing your case yourself.

It's better to hire a strong woman sensitive lawyer.If you can't afford one,better get help from any good women's NGO.If you are in Delhi,or Bangalore or Mumbai,you may get in touch with Lawyers Collective which specifically deals in such cases.

If yes,let me know.I will send you its website link,from where you'll also get its tel. nos.

@ Author

1. The stated two grounds are not sufficient to get a TP (c) admitted.


2. Mere suspicion of a 'nexus' is no ground to transfer a case. A ld. Advocate or his team meets Bench Clerk for so many matters day-in-day out and they have to maintain ‘that’ friendliness with Court staff. If possible develop those social skills to win over the Bench Clerk after all he/she is also a human being.


3. Bench Clerk not co-operating the way a litigant (PIP) wants is also not a merit ground. Procedure of a Court back-end if followed and then a litigant (PIP) shows that the bench clerk didn’t follow those Court procedures and you have proof of the same then it may be one of the material consideration but still not enough to transfer a case.


4. A Ld. Advocate on record of a party and or any party can meet a Judge in his chamber with permission of that Judge. Even you can meet the Judge in his chamber with permission of the Judge. If opposite party ld. Advocate is seen to be meeting a Judge by you that does not mean some special favor this Judge may be extending to this ld. Advocate according to you. This is not a ground of merit to get a TP (c) admitted.


5. A PIP as earlier advised in one of my replies to your other post needs to have full understanding of not only the court practice and procedure but should know the 'system' which all comes with experience and exposures. You have already have raised too many problems which you are facing as PIP, some suggestions were already given to you in earlier replies for which you bounced back and said you donot need a pleader for your case but a clerk type of person from Legal Aid Cell. Mind it lady Ld. Advocates are nominated for Legal Aid Cell distribution as per demand grom trial Courts to Hon’ble Sc for benefit of needy litigants who can’t afford hiring one from chambers. I doubt legal Aid Cell giving such assistance in any Court in India to PIPs's. However I am open for correction if any on this last sentence.


6. A PIP running a case is a ‘trick’ in it self. Take choosen help from legal Aid Center, do some work your self and have good knowledge of court practice and procedures coupled with submissions made at Bar showing your command over Court practice and Procedure and pleadings. Some place you are lacking is my early observation that may be the reason of your several posts here on same issue i.e. how to get transfer of your case form this Judge to PJ of family court whom you found too be too good.  


7. Your cases in my opinion are mostly in civil domain that is why previously and via medium of this post you want ideas of transfer of your present case from present APJ to PJ Court. Further in one of your earlier posts you said the PJ is quite good which also infers that rest other APJ's are duffers! In my opinion all Judges are fantastic till to the point in your case they give you a relief and there is nothing called as this Judge is fantastic and that is duffer. There is a thing called 'court craft read with your luck' as in witches hunt in layman's way which we legal practicing professionals have learned the hard way vis-a-vis a PIP. Hence with passage of time and positive observations you will come over from present bar.

8. BTW a lady can always get her case transferred from one Court to another is general thinking given as hint as wrap up of your post.

All the best. 

To Tajobsindia Sir,

:( 

But many Thanks for your valued comments and they are well taken.

You have understood my concerns in the right manner.

Every time I tried to say anything, I was made to listen only one thing...'You haven't appointed lawyer and hence you don't know the procedures!!!'

Procedures are meant for streamlining the process and not to conspire with bench clerk and to play tricks behind my back. I have proofs about it now!!

1. Documentary proofs i.e. many exhibits and notes on it  (Opp party lead the evidence and docs were given numbers/marked but copy of this very app wasn't given to me!! in my absence. Wasn't I entitled to raise objections? Incidently I had raised objections on doc's credibility by a hand written application on next date.) 

2. Case-diary remarks, and 'a pattern of adjournments' which is not a 'co-incidence'.

Influencial lawyer twisting the procedures and tricking with the loopholes, and the conspiracy with bench clerk is a tendancy....and even I had the appointed lawyer the same would have still existed....and if my lawyer had been not able to raise voice against it, still I might have suffered.

Which lawyer would make complaint boldly (lawyer may have to go to that same court for many cases...why would a lawyer take enemity with Bench Clerk for the sake of a client?)

Every time one can't be taken for a ride and it can't be subverted and deafened by drumming just one slogan that 'PIP is illiterate, oblivion of law and procedures'.

Such comments from Hon Court actually discourages, frustrates, pressurises, smashes the confidence of the PIP even though there are merits in whatever I was trying to argu.

I know bench clerk would pass a comment that 'I ask to see the Case-Dairy and case file on each and every 'date'....the moment this is raised I am going to show the above Exh.

Dmayanti,keep posting your progress as PIP. It would be great help to others as well. Even if you do not need suggestion here, please update us on how you are faring as PIP. May be you will compile some tips as a lay person out of your expereince as PIP for the benefit of others who are in situation like you are in.

In any case keep updating this thread of yours, so that yu and we can see the progress in your confidence as PIP as well as the skills that experience builds up. 

The very best to you..

 @ Rev. Ambika

How about you giving her tips of your personal case experience wherein say the way your ld. advocate helped you in your case sharing with this lady PIP? Will it not give her more confidence and more boost seeking tips from another lady of substance in the forum like you who probably had a legal case at one point of time and may be it may be still on as in live or whatever its status was in past and probably had a ld. advocate helping service through your case??????


I suppose it is afterall all about giving and talking means knowledge sharing at the end of the board hai ki nahi ji.........

 Tajobs India ji, 

 as  of now I do not havve any case of mine to deal with. Did I ask any legal advice from this forum? 

All the same ,thanks for this suggestion, and I will take it on board. As and when I happen to  initiate or face some case in any domain , be it family, constituional, civil or crimina,l I will be glad to share my experience with others on the forum.

We are on the same page reg. knowledge sharing as expressed in the last para of your posting. 

U should be cautious, and if possible track all the activities of the court, by inspecting the case-records and take certified copy of important events in the ordersheet. also if u have any proof about the bench clerk, u may send complain to registrar of concerned HC or District Judge of that area.